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All Journal Istinbath: Jurnal Hukum dan Ekonomi Islam Jurnal Syariah, Hukum, dan Ekonomi Islam
Muh. Baehaqi
Unknown Affiliation
Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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TINJAUAN HUKUM POSITIF TERHADAP APLIKASI IJÀRAH MUNTAHIYAH BI AL-TAMLIK (IMBT) PADA PERBANKAN SYARI’AH Muh. Baehaqi
istinbath Vol 12 No 1 (2013): Juni
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (219.688 KB)

Abstract

Ijàrah Muntahiyah Bi al-Tamlìk is a combination of the two contract: lease contract (ijàrah) and sale and purchase contract (bai‘). Ijàrah contract with ownership at the end is one of the favorite products and is recognized by the Majlis Ulama Indonesia through its National Fatwa Council of Sharia. This paper aims to compare the concept of Ijàrah Muntahiyah Bi al-Tamlìk with those of contracts prescribed by state laws in Indonesia. It argues that any purchase agreement on the principle of hire purchase between Shariá-based banks and their customers will not use a fixed, but lose rule of treaty/contract (Treaty Innominaat), because it is not regulated by the Civil Code. In case this contract/agreement may trigger disputes between the parties in the future, the settlement is arbitrarily decided by the parties who must agree between themselves on whichever rules may apply and work for them, as this is regulated in Article 1338 (1) Civil Code.
Fatwa Haram Perkawinan Beda Agama Kajian Metodologis MUI Muh. Baehaqi; Muslih
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol 1 No 2 December 2023: Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v1i2.582

Abstract

Family Law Program, Faculty of Islamic Law, Nahdlatul Ulama Islamic Institut (INISNU), Temanggung. This thesis discusses the prohibition of interfaith marriage, which has become a complex issue in society, with an increasing number of such marriages occurring day by day. It delves deeply into the methodology employed by the Indonesian Ulema Council (MUI) in establishing the fatwa prohibiting interfaith marriages. Furthermore, it explores the evidences and references used by the Indonesian Ulema Council (MUI) in formulating the fatwa on the prohibition of interfaith marriage. According to the MUI's fatwa, interfaith marriage is considered forbidden and invalid, particularly marriages between Muslim men and women from the People of the Book, as per the Qaul Mu'tamad.
Co-Authors Muslih